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(영문) 서울중앙지방법원 2014.07.11 2014고단2684
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2014, at around 05:29, the Defendant was operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City on April 26, 2014, and tried to commit a theft of the property owned by the victim by opening a gate with no correction of the gate and intrusion inside the gate. However, the Defendant failed to commit a crime against E by the guard company E, who was dispatched to the scene, but failed to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. In light of the following facts: (a) the Defendant committed the instant crime for the reason of sentencing under Articles 342 and 330 of the Criminal Act regarding the criminal facts; (b) the Defendant again committed the instant crime during the period of suspension of execution for the same kind of crime; and (c) the instant crime committed the instant crime by intrusion upon another’s structure and attempted to steals property; and (d) the nature of the instant crime

On the other hand, the circumstances, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., including the fact that the crime of this case was committed and did not cause any particular damage to the Defendant’s wife, the victim wanted to commit the crime of this case, the Defendant appears to have committed the crime of this case by contingency while under the influence of alcohol, and the Defendant is in profoundly against himself, shall be determined by taking into account the sentence conditions as stated in the records.

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